SECTION 749.3039. What are the requirements for outdoor recreation equipment?

(a) Equipment must not have openings, angles, or protrusions that can entangle a child's clothing or entrap a child's body or body parts.

(b) Equipment must be securely anchored according to manufacturer's specifications to prevent collapsing, tipping, sliding, moving, or overturning.

(c) Climbing equipment, swings, and slides must not be installed over asphalt or concrete.

(d) Equipment must be appropriate, cleaned, maintained, and repaired.

(e) Trampolines may only be used at the foster home if:

(1) The number of children allowed on the trampoline at one time meets the manufacturer's instructions;

(2) Shock-absorbing pads cover the springs, hooks, and frame;

(3) Ladders are removed from the trampoline when the trampoline is not in use; and

(4) A caregiver provides supervision as follows:

(A) For children under 12 years old, the caregiver must be immediately present, watching the child(ren) at all times, enforcing safety rules and manufacturer's instructions, and able to respond in an emergency; and

(B) For children 12 years old and older, the caregiver must be on the premises, visually check on the child(ren) at frequent intervals, and able to respond in an emergency.

Source Note: The provisions of this §749.3039 adopted to be effective January 1, 2007, 31 TexReg 7469; amended to be effective September 1, 2010, 35 TexReg 7522; amended to be effective September 1, 2010, 35 TexReg 7522; amended to be effective January 1, 2017, 41 TexReg 9944; transferred effective March 9, 2018, as published in the Texas Register February 16, 2018, 43 TexReg 909